Insurance Provided by Contractor. 43.1 The Contractor shall, and shall ensure that its Subcontractors shall, without limiting any of the obligations or liabilities under the Contract, continuously carry during the performance of the Work and any time the Contractor or its Subcontractors are on the Work Site, at their own expense and cost, the following insurance coverage with limits where applicable not less than those shown in the respective items as set out below: (a) workers’ compensation coverage for all employees engaged in the Work in accordance with the statutory requirements of The State of Ohio; (b) employer’s liability coverage for all employees engaged on the Work Site and not covered by workers’ compensation, in the amount of $1,000,000; (c) automobile liability insurance covering all licensed motor vehicles owned or leased having a limit of not less than $1,000,000 inclusive per occurrence for bodily injury, death, and damage to property; (d) property and contractor’s equipment insurance covering property, equipment, tools and construction machinery owned, rented or leased by and to be used for the performance of the Work, including machinery, equipment, materials and supplies stored outside of the Work Site or in transit to the Work Site and intended to become a part of the finished Work, but excluding all machinery, materials and supplies at the Work Site, for the full replacement cost value of such property on an “all risks” basis; (e) commercial general liability insurance policy, including (but not limited to) contractor’s liability coverage, contractual liability coverage (including any indemnification obligations of Contractor set forth in this Contract), completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with respect to personal injury, death or property damage of not less than Two Million Dollars ($2,000,000.00) per occurrence combined single limit/Three Million Dollars ($3,000,000.00) general aggregate (but not less than $3,000,000.00 per location aggregate). (f) umbrella excess liability insurance, on an occurrence basis, that applies in excess of the commercial general liability, automobile liability, aircraft and watercraft liability, professional errors & omissions insurance and employer’s liability insurance described above, having limits of not less than (i) $10,000,000 per occurrence, and (ii) 10,000,000 for the annual aggregate. These limits shall be in addition to and not including those stated for the underlying commercial general liability, automobile liability, aircraft and watercraft liability, professional errors & omissions insurance and employer’s liability insurance required herein. Such excess liability policy shall name Owner as additional insured. 43.2 Where a claim is paid by the insurer in respect of losses for which coverage is provided under Section 43.1, the Contractor shall be responsible for the deductibles relating to insurance proceeds under the insurance required, 43.3 The Contractor shall, and shall ensure that its Subcontractors shall: (a) provide the Owner with certificates of insurance for the policies described in Section 43.1 within 15 Work Days of written notice of award of the Contract or prior to the commencement of the Work, whichever is earlier, and certificates of insurance evidencing renewal of these policies no fewer that 30 Work Days prior to their expiry date where such policies expire prior to Functional Completion; (b) place all policies with insurers which are licensed to provide insurance in Ohio with an A.M. Best rating no less than A+, and in a form acceptable to the Owner; (c) ensure that such policies provide for at least 30 days prior written notice to the Owner of cancellation or change that is material to the Contract; (d) with the exception of the insurance as required by Section 43.1(c), ensure that all insurance provided by the Contractor and its Subcontractors pursuant to Section 43.1 is primary and non-contributory with, or in excess of, any other insurance carried by the Owner; (e) ensure that the Owner is added as an additional insured with respect to the policies of insurance required under Sections 43.1(e) and 43.1(f), as its interests may appear; and (f) require the waiver of subrogation in favor of the Owner, its officers, directors, employees, consultants and agents described in Section 42.7 above be included with respect to the insurance coverage required under Section 43.1(d). 43.4 If the Contractor or its Subcontractors fail to furnish the Owner with a certificate of insurance for each policy required to be obtained and continually carried, or if after furnishing the certificates of insurance, the policies lapse, are cancelled, or are materially changed, then in every case the Owner may, but shall not be obligated to, obtain and maintain such insurance in the name of the Contractor or any Subcontractor. The cost thereof (including Subcontractor’s insurance costs) shall be payable by the Contractor to the Owner on demand, and the Owner may at its election deduct the cost from any monies which are due or may become due to the Contractor. 43.5 Neither the providing of insurance by the Contractor in accordance with the requirements of this Article 43 - Insurance Provided by Contractor, nor the insolvency, bankruptcy, or failure of any insurance company to pay any claim shall be held to relieve the Contractor from any other provisions of the Contract with respect to liability of the Contractor, or otherwise.
Appears in 1 contract
Samples: Engineering, Procurement and Construction Contract (Quaker Chemical Corp)
Insurance Provided by Contractor.
43.1 The Contractor shall, and shall ensure that its Subcontractors shall, without limiting any of the obligations or liabilities under the Contract, continuously carry during the performance of the Work and any time the Contractor or its Subcontractors are on the Work Site, at their own expense and cost, the following insurance coverage with limits where applicable not less than those shown in the respective items as set out below:the
(a) workers’ compensation coverage for all employees engaged in the Work in accordance with the statutory requirements of The State the Province of OhioAlberta;
(b) employer’s liability coverage for all employees engaged on the Work Site and not covered by workers’ compensation, in the amount of $1,000,000*;
(c) automobile liability insurance covering all licensed motor vehicles owned or leased having a limit of not less than $1,000,000 * inclusive per occurrence for bodily injury, death, and damage to property;property;
(d) aircraft and watercraft liability insurance covering all owned or non-owned aircraft and watercraft if used directly or indirectly in the performance of the Work having a limit of not less than $* inclusive per occurrence for bodily injury, death, and damage to property and not less than $* for aircraft passenger hazard;
(e) property and contractor’s equipment insurance covering property, equipment, tools and construction machinery owned, rented or leased by and to be used for the performance of the Work, including excluding all machinery, equipment, materials and supplies stored outside of at the Work Site or in transit to the Work Site thereto and intended to become a part of the finished Work, but excluding all machinery, materials and supplies at the Work Site, for the full replacement cost value of such property on an “all risks” basis;
(e) commercial general liability insurance policy; [NTD: Where the Owner elects to insure the equipment used by the Contractor and leased on a common basis for the Work Site by the Contractor and Other Contractors, including (but not limited to) contractor’s liability coverage, contractual liability coverage (including any indemnification obligations of Contractor set forth in this Contract), completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, paragraph should be amended to afford protection with respect to personal injury, death or property damage of not less than Two Million Dollars ($2,000,000.00) per occurrence combined single limit/Three Million Dollars ($3,000,000.00) general aggregate (but not less than $3,000,000.00 per location aggregate).reflect the same.]
(f) umbrella excess liability insurance, on an occurrence basis, that applies in excess of the commercial general liability, automobile liability, aircraft and watercraft liability, professional errors & omissions insurance and employer’s liability insurance described above, having limits of in an amount not less than (i) $10,000,000 per occurrence, * each claim and (ii) 10,000,000 in the aggregate for the annual aggregate. These limits shall be in addition to Project covering the period from start of Engineering Services until Functional Completion of the Work and not including those stated for a further discovery period of * years from the issuance of the Functional Completion Certificate for the underlying commercial general liability, automobile liability, aircraft and watercraft liability, professional errors & omissions insurance and employer’s liability insurance required herein. Such excess liability policy shall name Owner as additional insured.entire Work.
43.2 Where a claim is paid by the insurer in respect of losses for which coverage is provided under Section 43.1, the Contractor shall be responsible for the deductibles relating to insurance proceeds under the insurance required,required pursuant to Sections 43.1(b), 43.1(c), 43.1(d), 43.1(e) and 43.1(f).
43.3 The Contractor shall, and shall ensure that its Subcontractors shall:
(a) provide the Owner with certificates of insurance for the policies described in Section 43.1 within 15 * Work Days of written notice of award of the Contract or prior to the commencement of the Work, whichever is earlier, and certificates of insurance evidencing renewal of these policies no fewer that 30 within * Work Days prior to of their expiry date where such policies expire prior to Functional Completion;
(b) place all policies with insurers which are licensed to provide insurance in Ohio the Province of Alberta with an A.M. Best rating no less than A+*, and in a form acceptable to the Owner;
(c) ensure that such policies provide for at least 30 days prior written notice to the
(d) require that the Owner dollar amount of cancellation or change that is material the deductible in the policies for any one loss shall be subject to the Contractapproval of the Owner;
(de) with the exception of the insurance as required by Section 43.1(c), ensure that all insurance provided by the Contractor and its Subcontractors pursuant to Section Section
43.1 is primary and non-not contributory with, or in excess of, any other insurance carried by the Owner;
(ef) require that a waiver of subrogation in favour of the Owner, its officers, directors, employees, consultants and agents in respect of the insurance coverage required under Section 43.1(e); and
(g) ensure that the Owner is added as an additional insured with respect to the policies of insurance required under Sections 43.1(e) and 43.1(f), as its interests may appear; and
(f) require the waiver of subrogation in favor liability arising out of the Owner, Contractor or its officers, directors, employees, consultants Subcontractors performance of the Work and agents described in Section 42.7 above be included with respect to the insurance coverage required under provided pursuant to Section 43.1(d) and Section 43.1(f).
43.4 If the Contractor or its Subcontractors fail to furnish the Owner with a certificate of insurance for each policy required to be obtained and continually carried, or if after furnishing the certificates of insurance, the policies lapse, are cancelled, or are materially changed, then in every case the Owner may, but shall not be obligated to, obtain and maintain such insurance in the name of the Contractor or any Subcontractor. The cost thereof (including Subcontractor’s insurance costs) shall be payable by the Contractor to the Owner on demand, and the Owner may at its election deduct the cost from any monies which are due or may become due to the Contractor.
43.5 Neither the providing of insurance by the Contractor in accordance with the requirements of this Article 43 - Insurance Provided by Contractor, nor the insolvency, bankruptcy, or failure of any insurance company to pay any claim shall be held to relieve the Contractor from any other provisions of the Contract with respect to liability of the Contractor, or otherwise.
Appears in 1 contract
Samples: Epc Contract
Insurance Provided by Contractor. 43.1 The Contractor shall, and shall ensure that its Subcontractors shall, without limiting any of the obligations or liabilities under the Contract, continuously carry during the performance of the relevant Work and any time the Contractor or its Subcontractors are on the Work Site, at their own expense and cost, the following insurance coverage with limits where applicable not less than those shown in amounts reasonably applicable to the respective items as set out belowindividual Subcontractor’s scope of work:
(a) commercial general liability insurance covering Contractor, Subcontractor and Owner in respect of any operations in connection with the Contract on an occurrence basis with a combined single limit not less than $10,000,000 inclusive of each accident or occurrence for bodily injury, including death, personal injury and damage to property, including loss of use thereof and in the aggregate for products and completed operations; such coverage shall include but not be limited to the following:
(i) blanket contractual liability;
(ii) sudden and accidental pollution liability;
(iii) products and completed operations including a provision that such coverage is to be maintained for a period not less than 24 months from the date of issuance of the Substantial Completion Certificate;
(iv) broad form completed operations;
(v) employers liability;
(vi) non-owned automobile liability;
(vii) broad form property damage;
(viii) blasting, pile driving, caisson work, underground work (XCU coverage); and
(ix) cross liability and severability of interest; and
(b) workers’ compensation coverage for all employees engaged in the Work in accordance with the statutory requirements of The State the Province of OhioOntario;
(bc) employer’s liability coverage for all employees engaged on the Work Site and not covered by workers’ compensation, in the amount of $1,000,00010,000,000;
(cd) automobile liability insurance covering all licensed motor vehicles owned or leased having a limit of not less than $1,000,000 5,000,000 inclusive per occurrence for bodily injury, death, and damage to property;
(de) if relevant for the Work, aircraft and watercraft liability insurance covering all owned or non-owned aircraft and watercraft if used directly or indirectly in the performance of the Work having a limit of $10,000,000 inclusive per occurrence for bodily injury, death, and damage to property and $10,000,000 for aircraft passenger hazard;
(f) property and contractor’s equipment insurance covering property, equipment, tools and construction machinery owned, rented or leased by and to be used for the performance of the Work, including excluding all machinery, equipment, materials and supplies stored outside of at the Work Site or in transit to the Work Site thereto and intended to become a part of the finished Work, but excluding all machinery, materials and supplies at the Work Site, for the full replacement cost value of such property on an “all risks” basis;
(eg) commercial general liability insurance policy, including (but not limited to) contractor’s liability coverage, contractual liability coverage (including any indemnification obligations of Contractor set forth in this Contract), completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with respect to personal injury, death or property damage of not less than Two Million Dollars ($2,000,000.00) per occurrence combined single limit/Three Million Dollars ($3,000,000.00) general aggregate (but not less than $3,000,000.00 per location aggregate).
(f) umbrella excess liability insurance, on an occurrence basis, that applies in excess of the commercial general liability, automobile liability, aircraft and watercraft liability, professional errors & omissions insurance in an amount of $10,000,000 for each claim and employer’s in the annual aggregate for the Project covering the period from start of Engineering Services until Substantial Completion of the Work and for a further discovery period of two years from the issuance of the Substantial Completion Certificate;
(h) network/information security liability insurance described abovein an amount not less than $1,000,000; such coverage shall include cyber liability for unauthorized access, having security breach, etc., including but not limited to such occurrences caused by Contractor;
(i) environmental liability insurance with limits of not less than $2,000,000 per occurrence and in the annual aggregate or limits carried, whichever are greater.
(ij) $10,000,000 per occurrencecourse of construction and transit insurance to a limit of the value of the full replacement cost of the Work covering all risks of direct physical loss or damage to the Work and Goods, including temporary or off-site storage and project lay-down areas, and (ii) 10,000,000 for all temporary structures used in the annual aggregateerection of the Work including while in transit to and from the Work Site or in storage while at the Work Site, before and during erection and until completed and while awaiting tests and during testing and commissioning until issuance of a Final Completion Notice. These limits Owner shall be in addition named as an Additional Interest to the policy;
43.2 The Parties agree that that all insurance provided by the Contractor and its Subcontractors pursuant to Section 43.1 is primary and not including those stated for contributory with, or in excess of, any other insurance carried by the underlying commercial general liability, automobile liability, aircraft and watercraft liability, professional errors & omissions insurance and employer’s liability insurance required herein. Such excess liability policy shall name Owner as additional insuredOwner.
43.2 43.3 Where a claim is paid by the insurer in respect of losses for which coverage is provided under Section 43.1, :
(a) the Contractor shall be responsible for the deductibles relating to insurance proceeds under the insurance required,required pursuant to Sections 43.1(c), 43.1(d), 43.1(e), 43.1(f) and 43.1(g);
43.3 (b) the Contractor shall be responsible for the deductibles relating to insurance proceeds for damage to the Work until a Substantial Completion Certificate is issued;
(c) the Owner shall be responsible for the deductibles relating to insurance proceeds for damage to the Work after a Substantial Completion Certificate is issued;
(d) the Owner shall be responsible for the deductibles relating to insurance proceeds for damage to the Owner’s property; and
(e) the negligent party or parties shall be responsible for the deductibles relating to insurance proceeds for damage to third parties.
43.4 Contractor and its Subcontractors shall satisfy themselves as to the coverage afforded by such policies and the adequacy thereof.
43.5 The Compensation shall include the cost of premiums for the insurance to be provided by the Contractor.
43.6 The Contractor shall, and shall ensure that its Subcontractors shall:
(a) provide the Owner with certificates of insurance (i) for the policies described in Section 43.1 43.1(a), 43.1(b), and 43.1(g) within 15 10 Work Days of written notice of award receipt of the Contract Notice to Proceed with Upfront Engineering or prior to the commencement of the WorkUpfront Engineering Services, whichever is earlier, and certificates of insurance evidencing renewal of these policies no fewer that 30 within 10 Work Days prior to of their expiry date where such policies expire prior to Functional Substantial Completion;
(b) place all policies with insurers which are licensed to provide insurance in Ohio with an A.M. Best rating no less than A+, and in a form acceptable to the Owner;
(c) ensure that such policies provide for at least 30 days prior written notice to the Owner of cancellation or change that is material to the Contract;
(d) with the exception of the insurance as required by Section 43.1(c), ensure that all insurance provided by the Contractor and its Subcontractors pursuant to Section 43.1 is primary and non-contributory with, or in excess of, any other insurance carried by the Owner;
(e) ensure that the Owner is added as an additional insured with respect to the policies of insurance required under Sections 43.1(e) and 43.1(f), as its interests may appear; and
(f) require the waiver of subrogation in favor of the Owner, its officers, directors, employees, consultants and agents described in Section 42.7 above be included with respect to the insurance coverage required under Section 43.1(d).
43.4 If the Contractor or its Subcontractors fail to furnish the Owner with a certificate of insurance for each policy required to be obtained and continually carried, or if after furnishing the certificates of insurance, the policies lapse, are cancelled, or are materially changed, then in every case the Owner may, but shall not be obligated to, obtain and maintain such insurance in the name of the Contractor or any Subcontractor. The cost thereof (including Subcontractor’s insurance costs) shall be payable by the Contractor to the Owner on demand, and the Owner may at its election deduct the cost from any monies which are due or may become due to the Contractor.
43.5 Neither the providing of insurance by the Contractor in accordance with the requirements of this Article 43 - Insurance Provided by Contractor, nor the insolvency, bankruptcy, or failure of any insurance company to pay any claim shall be held to relieve the Contractor from any other provisions of the Contract with respect to liability of the Contractor, or otherwise.
Appears in 1 contract
Samples: Epc Contract
Insurance Provided by Contractor. 43.1 The Contractor shall, and shall ensure that its Subcontractors shall, without limiting any of the obligations or liabilities under the Contract, continuously carry during the performance of the Work and any time the Contractor or its Subcontractors are on the Work Site, at their own expense and cost, the following insurance coverage with limits where applicable not less than those shown in the respective items as set out below:
(a) : workers’ compensation coverage for all employees engaged in the Work in accordance with the statutory requirements of The State the Province of Ohio;
(b) Alberta; employer’s liability coverage for all employees engaged on the Work Site and not covered by workers’ compensation, in the amount of $1,000,000;
(c) *; automobile liability insurance covering all licensed motor vehicles owned or leased having a limit of not less than $1,000,000 * inclusive per occurrence for bodily injury, death, and damage to property;
(d) ; aircraft and watercraft liability insurance covering all owned or non-owned aircraft and watercraft if used directly or indirectly in the performance of the Work having a limit of not less than $* inclusive per occurrence for bodily injury, death, and damage to property and not less than $* for aircraft passenger hazard; property and contractor’s equipment insurance covering property, equipment, tools and construction machinery owned, rented or leased by and to be used for the performance of the Work, including excluding all machinery, equipment, materials and supplies stored outside of at the Work Site or in transit to the Work Site thereto and intended to become a part of the finished Work, but excluding all machinery, materials and supplies at the Work Site, for the full replacement cost value of such property on an “all risks” basis;
(e) commercial general liability insurance policy; [NTD: Where the Owner elects to insure the equipment used by the Contractor and leased on a common basis for the Work Site by the Contractor and Other Contractors, including (but not limited to) contractor’s liability coverage, contractual liability coverage (including any indemnification obligations of Contractor set forth in this Contract), completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, paragraph should be amended to afford protection with respect to personal injury, death or property damage of not less than Two Million Dollars ($2,000,000.00) per occurrence combined single limit/Three Million Dollars ($3,000,000.00) general aggregate (but not less than $3,000,000.00 per location aggregate)reflect the same.
(f) umbrella excess liability insurance, on an occurrence basis, that applies in excess of the commercial general liability, automobile liability, aircraft and watercraft liability, ] professional errors & omissions insurance and employer’s liability insurance described above, having limits of in an amount not less than (i) $10,000,000 per occurrence, * each claim and (ii) 10,000,000 in the aggregate for the annual aggregate. These limits shall be in addition to Project covering the period from start of Engineering Services until Functional Completion of the Work and not including those stated for a further discovery period of * years from the issuance of the Functional Completion Certificate for the underlying commercial general liability, automobile liability, aircraft and watercraft liability, professional errors & omissions insurance and employer’s liability insurance required hereinentire Work. Such excess liability policy shall name Owner as additional insured.
43.2 Where a claim is paid by the insurer in respect of losses for which coverage is provided under Section 43.1, the Contractor shall be responsible for the deductibles relating to insurance proceeds under the insurance required,
43.3 required pursuant to Sections 43.1(b), 43.1(c), 43.1(d), 43.1(e) and 43.1(f). The Contractor shall, and shall ensure that its Subcontractors shall:
(a) : provide the Owner with certificates of insurance for the policies described in Section 43.1 within 15 * Work Days of written notice of award of the Contract or prior to the commencement of the Work, whichever is earlier, and certificates of insurance evidencing renewal of these policies no fewer that 30 within * Work Days prior to of their expiry date where such policies expire prior to Functional Completion;
(b) ; place all policies with insurers which are licensed to provide insurance in Ohio the Province of Alberta with an A.M. Best rating no less than A+*, and in a form acceptable to the Owner;
(c) ; ensure that such policies provide for at least 30 days prior written notice to the Owner of cancellation or change that is material to the Contract;
(d) ; require that the dollar amount of the deductible in the policies for any one loss shall be subject to the approval of the Owner; with the exception of the insurance as required by Section 43.1(c), ensure that all insurance provided by the Contractor and its Subcontractors pursuant to Section 43.1 is primary and non-not contributory with, or in excess of, any other insurance carried by the Owner;
(e) ensure ; require that the Owner is added as an additional insured with respect to the policies of insurance required under Sections 43.1(e) and 43.1(f), as its interests may appear; and
(f) require the a waiver of subrogation in favor favour of the Owner, its officers, directors, employees, consultants and agents described in Section 42.7 above be included with respect to of the insurance coverage required under Section 43.1(e); and ensure that the Owner is added as an additional insured with respect to liability arising out of the Contractor or its Subcontractors performance of the Work and the insurance coverage provided pursuant to Section 43.1(d) and Section 43.1(f).
43.4 . If the Contractor or its Subcontractors fail to furnish the Owner with a certificate of insurance for each policy required to be obtained and continually carried, or if after furnishing the certificates of insurance, the policies lapse, are cancelled, or are materially changed, then in every case the Owner may, but shall not be obligated to, obtain and maintain such insurance in the name of the Contractor or any Subcontractor. The cost thereof (including Subcontractor’s insurance costs) shall be payable by the Contractor to the Owner on demand, and the Owner may at its election deduct the cost from any monies which are due or may become due to the Contractor.
43.5 . Neither the providing of insurance by the Contractor in accordance with the requirements of this Article 43 - Insurance Provided by Contractor, nor the insolvency, bankruptcy, or failure of any insurance company to pay any claim shall be held to relieve the Contractor from any other provisions of the Contract with respect to liability of the Contractor, or otherwise. The Owner shall obtain and, during the progress of the Work, maintain in force the policies of insurance described in this Article 44 - Insurance Provided by Owner, with the Owner as named insured and with the Contractor and its Subcontractors as unnamed insureds. The actual policies of insurance may be examined by the Contractor upon request to the Owner. This insurance applies only to the Work performed in connection with the Contract: course of construction and transit insurance to a limit of the value of the full replacement cost of the Work covering all risks of direct physical loss or damage to the Work, Goods and Procured Goods, including temporary or off-site storage and project lay-down areas, and all temporary structures used in the erection of the Work including while in transit to and from the Work Site or in storage while at the Work Site, before and during erection and until completed and while awaiting tests and during testing and commissioning until issuance of a Final Completion Notice; [NTD: The description of the property insured may be modified depending upon the scope of work, allocation of responsibilities for testing and commissioning. Where the Owner elects to insure the equipment used by the Contractor and leased on a common basis for the Work Site by the Contractor and Other Contractors, this paragraph should be amended to reflect the same. The scope of coverage should specify if transit insurance is to include inland or marine transit.] commercial general liability insurance covering any operations in connection with the Contract on an occurrence basis with a combined single limit not less than $* inclusive of each accident or occurrence for bodily injury, including death, personal injury and damage to property, including loss of use thereof and in the aggregate for products and completed operations; such coverage shall include but not be limited to the following: blanket contractual liability; sudden and accidental pollution liability; products and completed operations including a provision that such coverage is to be maintained for a period not less than * months from the date of issuance of the Functional Completion Certificate; broad form completed operations; employers liability; non-owned automobile liability; broad form property damage; blasting, pile driving, caisson work, underground work (XCU coverage); and cross liability and severability of interest; and Where a claim is paid by the insurer in respect of losses for which coverage is provided under Section 44.1: the Contractor shall be responsible for the deductibles relating to insurance proceeds for damage to the Work until a Functional Completion Certificate is issued; the Owner shall be responsible for the deductibles relating to insurance proceeds for damage to the Work after a Functional Completion Certificate is issued; [NTD: Optional] the Owner shall be responsible for the deductibles relating to insurance proceeds for damage to equipment used by the Contractor and leased on a common basis for the Work Site by the Contractor and Other Contractors; the Owner shall be responsible for the deductibles relating to insurance proceeds for damage to the Owner’s property, other than as provided for in 44.2(a) and 44.2(b); and the negligent party or parties shall be responsible for the deductibles relating to insurance proceeds for damage to third parties. All insurance policies provided by the Owner shall be written to prohibit the insurer from obtaining subrogation or transfer of rights in respect of any claim under such policies against the Contractor, Subcontractors, or their employees, directors or officers who are employed in the performance of the Work. The Owner shall: provide the Contractor with certificates of insurance for the policies described in Section 44.1 within * Work Days of written notice of award of the Contract or prior to the commencement of the Work, whichever is earlier, and certificates of insurance evidencing renewal of these policies within * Work Days of their expiry date where such policies expire prior to Functional Completion; and ensure that such policies provide for at least 30 days prior written notice to the Contractor of cancellation or change that is material to the Contract. The Owner makes no representation or warranty with respect to the extent or adequacy of the insurance protection to be provided by it described in Article 44 - Insurance Provided by Owner and the Contractor and its Subcontractors shall satisfy themselves as to the coverage afforded by such policies and the adequacy thereof. The furnishing of this insurance by the Owner shall not limit any of the obligations or liabilities of the Contractor or Subcontractors as expressed elsewhere in the Contract. The Contractor shall not be entitled to any Compensation to duplicate the insurance coverage provided by the Owner pursuant to this Article 44 - Insurance Provided by Owner. The Compensation shall not include the cost of premiums for the insurance to be provided by the Owner. The insurance protection provided by the Owner in accordance with Article 44 - Insurance Provided by Owner insurance shall be primary with respect to any loss or damage which at the time of the occurrence is covered by the Owner’s insurance policies. It is mutually agreed that all losses shall be adjusted by a firm or firms of general insurance adjusters to be named by the Owner and the Owner has the sole right to act as agent on behalf of the Contractor in the settlement of any claim(s) under the policies to be provided by the Owner pursuant to Article 44 - Insurance Provided by Owner. The Owner makes no representation or warranty with respect to the extent or adequacy of the insurance protection provided by it to the Contractor.
Appears in 1 contract
Samples: Epc Contract
